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I think OP left a motion documentation at my door

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  • I think OP left a motion documentation at my door

    Somebody knocked on my door an tried to hand me a bag that, I could see had some paper. I refused to take the bag. She left. I know this could be Notice of Motion. What should I do? Can I deny to have received the notice in the court? Should I pick up the bag left at my door step?

    any help will be greatly appreciated.
    aa

  • #2
    What are you worried about? They will keep trying to serve you the documents. They started a case against you. If you don’t accept them and respond you may end up having a decision made against you.

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    • #3
      Actually, the OP knows I am in the process of hiring a new attorney and I am on my own at this time. May be trying to intimidate me. What if I miss the court date? Should I pick up the bag at the door step? Is the notice consered "serve" just by leaving at the door?

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      • #4
        They could drop it at your feet and I believe that is served.

        You can request an adjournment until you get new counsel. Don’t just ignore the documents because you are trying to find a new lawyer.

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        • #5
          just pick it up and deal with it. You can not avoid it forever.

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          • #6
            The 'ol "I didn't read it so it doesn't count" defense.

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            • #7
              Originally posted by rockscan View Post
              They could drop it at your feet and I believe that is served.
              This is correct.

              The Affidavit of Service will demonstrate multiple attempts to locate you and serve this to you personally. Alternatively, they can leave a copy with any adult member who identifies to be part of the same household.

              If they cannot successfully serve you, they can get a Motion for Substitute Service and the motions judge will basically say "send a registered copy" and consider that as served.

              It may be better to accept service and request the adjournment until the change of counsel on record is completed.

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              • #8
                Originally posted by t123 View Post
                Actually, the OP knows I am in the process of hiring a new attorney and I am on my own at this time. May be trying to intimidate me. What if I miss the court date? Should I pick up the bag at the door step? Is the notice consered "serve" just by leaving at the door?
                Oh- well, when you put it that way, she should DEFINITELY wait until you sort out your attorney situation. Do you have a vacation coming up? Maybe she'd be so kind as to wait until after that. Because I've heard getting court papers you were expecting is very intimidating. And I imagine very stressful.

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